July 26, 2004

On January 12 Governor McGreevy signed into law legislation granting domestic partner benefits. The ACLU lauds the governor and those legislators who have shown leadership in granting protections to individuals who suffer hardship due to lack of legal recognition of their primary relationships. The Domestic Partnership Act is an important first step to such recognition, both to same-sex couples and to heterosexual couples over age 62.

Gay and lesbian couples in committed relationships have fought for decades for domestic partnership rights, with increasing successes in the U.S. and Canada. New Jersey's Domestic Partnership Act includes such fundamental rights as shared retirement programs and hospital visitations, rights that married couples take for granted. Anyone who knows people denied these fundamental rights knows how searing it is to be without them. The lack of recognition of these intimate committed relationships burdens not only the couples in these relationships, but their children as well. The ACLU-NJ is in fact currently involved in a related lawsuit where a child of a same-sex couple has been denied Social Security benefits following the death of his non-biological parent who was the bread-winner for the family but who died before adoption proceedings had taken place.

Legal recognition of same sex relationships is one of the burning social issues of our time, with change taking place through legislation and court decisions across the country. In addition to domestic partnership rights for unmarried couples, the ACLU also fights for equal rights in marriage. We are pleased that Americans have increasingly recognized that the government should support, not discourage, couples who want to share fully the rights, responsibilities and commitments of domestic partnership or marriage.